My daughter was a passenger in a car with a friend, her friend was pulled over by the police. Being a minor she had no ID so the officer requested her social security number, unknowing she gave him this infromation. When I called to complain he said he can request it for their infromation and to keep her on file. Even though she did nothing. I don't understand how they can do this is it truely legal or can I stop this cop. I believe they have run her name from last time and found her dad is a club member and although we are divorced and I moved 600 mles away for my kids and I to start over I think he has traced the connection and is harrasing her. Can someone help me and tell me if this is legal and how I might be able to stop him.
2006-12-29 11:31:29 · 6 answers · asked by China D 1 in Politics & Government ➔ Law & Ethics
In most states any person over the age of 14 is supposed to have a state ID. They are required by law to have this ID on them at all times. When the police checked all the passengers in the car, which they do, they had to have some sort of ID. It is routine to ask for a SSN if that is all the person has, as that is an identifiable peice of ID thru the motor vehicle dept. The motor vehicle dept is allowed to ask for the ssn, so the police will ask for it to run thru the dmv.
2006-12-29 18:41:07 · answer #1 · answered by joy q 2 · 0⤊ 0⤋
If you have an ID, you must produce it upon request by a Law Enforcement Officer. Police should only request this information if they suspect you of violating the law or if you are a passenger of a vehicle AND another passenger or driver is suspected of a violation for which they will be taken into custody. The reason they check your Identity if you are in a car with somebody being arrested is to make sure you are not wanted. Or, in the case of the driver being arrested, to make sure you have a valid license to allow you to drive along. The easiest way for a police officer to establish your identify without an ID card of some kind, is your unique, government issued, Social Security Number.
The only time it is illegal to lie to a cop is when they ask for your Identification. It is never illegal for a cop to lie to you.
However, for a minor not to have an ID is understandable. And for a minor not to have their SSN memorized, is not uncommon.
The best option I have for you is to make a call to a lawyer and get some good advise. Not all lawyers are silly expensive, a good affordable legal resource for you is Pre Paid Legal. For about $17 a month, you have access to legal advise for such questions. Like health insurance, for legal problems.
2006-12-29 13:23:54 · answer #2 · answered by Daniel E 4 · 0⤊ 0⤋
The police can take anything you voluntarily surrender, including your personal information, your confession, your property, etc. The question is whether or not you can have the information deleted.
You should speak with a lawyer in your area about requesting a copy of the file and making an application to the Court for an order sealing the record.
What kind of club is her dad a member of? Why is this an issue?
2006-12-29 11:36:56 · answer #3 · answered by MBTull 3 · 0⤊ 0⤋
The police officer should have questioned her about her identity enough to ensure it was accurate if the situation warranted it. Not all interactions between police and the public will warrant this much effort. However, he should not have asked for her social security number.
The Social Security Administration won't give your daughter a new number. However, if you suspect someone is misusing it then you can file a complaint with special agents of the Social Security Administration. Misuse doesn't mean a police officer asking for her number and putting it in his report. I would suggest you monitor the account. SSA will send you periodic updates of activity on your social security number.
Finally, I suggest reading up on your rights concerning your social security number and teaching your daughter. Your privacy rights are defined in the Privacy Rights Act of 1974. The law is 5 USC 552a.
2006-12-30 02:33:49 · answer #4 · answered by deus ex machina 3 · 0⤊ 0⤋
The cops were acting in good faith,but using poor judgement. You could go through The Social Security Administration and request new social security numbers. I hope you already got your daughter a juvenile ID Card.
2006-12-29 11:36:44 · answer #5 · answered by ? 4 · 0⤊ 0⤋
You asked several questions, but I will just answer the first. The cops can request your i.d., but if you don't have one, all they can ask is your name and address. The cop was wrong to ask for the SS number.
2006-12-29 11:53:52 · answer #6 · answered by Anonymous · 0⤊ 0⤋